The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

1.2012.0145C (S. VELLVE: (415) 558-6263)

1727 HAIGHT STREET - south side between Cole and Shrader Streets; Lot 023 in Assessor’s Block 1248 - Request for Conditional use authorization, pursuant to Planning Code Sections 186.1 (expansion of nonconforming use), 228.4 (discontinuance of a single-screen movie theatre), 719.21 (use size exceeding 2,500 square feet), 719.48 (Other Entertainment), and 303, to allow the expansion of a restaurant/bar (dba The Alembic Bar) into the former Red Vic theatre area, create an event space allowing “other entertainment” at the rear of the building and create retail space at the front of the approximately 4,800 square foot one-story wholly commercial building within the Haight Street Neighborhood Commercial District, The Haight Street Alcohol Restricted Use Subdistrict (RUSD) and 40-X Height and Bulk District. Expansion of the building is not proposed.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to October 4, 2012)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya

2. 2012.0928DDD (R. SUCRE: (415) 575-9108)

2000 20th STREET - northwest corner of De Haro and 20th Streets, Lot 023 in Assessor's Block 4072 - Request for Discretionary Review of Building Permit Application No. 2010.12.01.5856 (Alteration) proposing to construct a one-story vertical addition on an existing two-story building containing one dwelling unit within the RM-1 (Residential, Mixed, Low Density) Zoning District and the 40-X Height and Bulk District.

2175 MARKET STREET - southeast corner of Market and 15th Streets; Lot 011 in Assessor’s Block 3543 - Request for Conditional Use Authorization, pursuant to various Planning Code Sections: Sec. 207.6, for an exception to the dwelling mix requirement; Sec. 733.11, to develop a lot exceeding 9,999 square feet; Sec. 733.44, to establish a Restaurant use; and Sec. 303, for a project proposing to demolish an existing gas station and construct a new 65-foot-tall, six-story, approximately 79,945-square-foot (104,413 -square-feet including parking), mixed-use building containing 88 dwelling units and approximately 7,300 square feet of retail space at the ground floor, a portion of which would be occupied by a yet to be determined restaurant use as defined in Section 790.91 of the Code. The proposed building would contain 44 off-street parking spaces within an underground parking garage and provide approximately 7,100 square feet of common usable open space. The project site is located within the Upper Market Street NCT (Neighborhood Commercial Transit) District and a 65-X/40-X Height and Bulk District and within the Market and Octavia Area Plan. CEQA (California Environmental Quality Act) Findings will also be adopted as part of the project approvals.

2175 MARKET STREET - southeast corner of Market and 15th Streets; Lot 011 in Assessor’s Block 3543 - Request for Variances from various Planning Code Sections: Sec. 134, for rear yard; Sec. 145.1, for a ground floor non-residential ceiling height that is less than 14-feet in height; Sec. 135, for open space exposure; and Sec. 140, for dwelling unit exposure for a project proposing to demolish an existing gas station and construct a new 65-foot-tall, six-story, approximately 79,945-square-foot (104,413 -square-feet including parking), mixed-use building containing 88 dwelling units and approximately 7,300 square feet of retail space at the ground floor, a portion of which would be occupied by a yet to be determined restaurant use as defined in Section 790.91 of the Code. The proposed building would contain 44 off-street parking spaces within an underground parking garage and provide approximately 7,100 square feet of common usable open space. The project site is located within the Upper Market Street NCT (Neighborhood Commercial Transit) District and a 65-X/40-X Height and Bulk District and within the Market and Octavia Area Plan.

2764 GREENWICH STREET - north side between Broderick and Baker Streets; Lot 053 in Assessor's Block 0939 - Request for Discretionary Review of Building Permit Application No. 2010.03.24.8854 proposing to construct front and rear horizontal additions and a vertical addition to the existing three-story, single-family dwelling within the RH-2 (Residential, House, Two-Family) Zoning District and the 40-X Height and Bulk District.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do not take Discretionary Review and Approve

(Continued from Regular Meeting of June 28, 2012)

(Proposed for Continuance to May 2, 2013)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya

B. CONSENT CALENDAR

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing

SAN ANTONIO BACKUP PIPELINE - Certification of the Final Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the San Antonio Backup Pipeline (SABPL) project. The project would provide reliable conveyance capacity for discharges of water out of the SFPUC regional water system. Proposed improvements include a 7,000-foot-long backup pipeline, discharge facilities, a pump station and wet well, ancillary pipelines, and a cutoff wall to facilitate water management in an existing quarry pit. All project components would be located in the Sunol Valley, an unincorporated area of Alameda County, on lands owned by the City and County of San Francisco and managed by the SPFUC.

·Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

·Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

Commissioner Borden.

There was this interesting SPUR Smart City Summit meeting they had the other day. There's a new company called Motion LewLoft. They have sensors and it refers to sensors that actually track people and bicycles in addition to cars. They talked about how they're working within the Union Square Business Association and working with businesses to figure out the amount of traffic volume on sidewalks at different time. They are sensor[ing] in 18 different neighborhoods. They don't take pictures of people. They're able to track people and they're able to work with the businesses there so they can see when the different corners or block areas are most crowded so businesses can adjust their hours and they show how maybe one hour later or earlier or a shift in hours for a store that could allow them to capture 90% more opportunity because the number of people that pass by. One of the examples that they use, which I thought was really informative to our Better Market Street conversation we had last week, is that, they were working with Show Dogs athat has the sausage Bays onplace in the Mid-Market. They were having a lunch and dinner program and beer. They were promoting it. They were not seeing the dinner practice howservice they had hoped. By counting cars and bicycles - the amount of congestion in thosethese two areas was very high. What they found was even though there was a lot of car and bicycle traffic, there wasn't a lot of [people] traffic. The best time for them was the lunch hour shift; they were losing more people because people were waiting in super long lines and not having patience. So now they opened up a place next door that has grab-and-go food in addition to the sausages they have. One of the things they were talking about was helping with economic development and the Mid-Market. I thought it was fascinating because they can provide [the data] inexpensively because these sensors go over the 3G network. You stick them in a window; they don't require any special permits and they provide insight as to how or where a business should locate, where the traffic is. The entrepreneur was saying he has the business [Inaudible] if their marketing plans were working, so I thought it would be interesting if this company, since they're trying to do more and this being a helpful space, they have sensors in 18 different neighborhoods, they can tell you about various neighborhoods; and I thought it would be interesting because whether we keep cars on Market Street or other neighborhoods; when we're looking at spaces and people are wondering why they're not successful, this kind of insight and information could be useful especially when we're working with the more troubled areas. The other thing I was thinking about the same day when I when I was going to that forum - Dreamforce was taking place and there was a problem in the MUNI tunnel. The traffic was shut down. On the street, there was grid lock. You could not move. I was on the F line, I was coming tofrom City Hall - going to basically New Montgomery and Mission and I ended up getting out to walk. I could have walked faster than it would have taken me to go two stops of transit. It made me think about in the America's Cup Conversation: how do we look at transportation planning with regards to events? We're always worried about the transportation and demand related to approving new housing but there's a bigger issue around events that take place in the City and how do we manage if our transit system can't adequately perform? How do we manage that and what type of strategies do we have around those types of events? That day was a disaster on Market Street. It made me scared. I'm glad you brought those two issues up because Fisherman's Wharf is going to implement that. Are we getting off topic?

Commissioner Antonini:

A couple of items last week: I attended the structure's luncheon at SF Business Times and I thought this was particularly informative because of my presence on the Commission, I was aware of many of the things they were talking about; but I thought the presentations were excellent and very informative. Then in keeping with what Commissioner Borden was talking about, yeah, the subway on Market Street was very forward thinking when it was built with the MUNI on one level and BART on another, the problem is there isn't redundancy in a lot of places and maybe there's something that can solve some of those problems because if you have a problem, there aren't a lot of places that you will be able to [cross over the cars (?),] but they have a few of those and maybe over a period of time, they'll be able to clear out disabled vehicles quicker. I had some meetings: I met with architects and sponsors, I'm not sure of the exact address, [41 Tehama], thank you. This is a project that will be before us in a couple of months from my understanding. It is near the Freemont off ramp and it plans to be Oscar Park. I have had calls from the DR requestor at 1491 Dolores and I will be meeting with them on that as well as the project sponsor; possibly with the DR requester also on considering an addition at Toledo which is continued to the week I believe of October 4 if I'm not mistaken.Commissioner Sugaya:

In the sort of euphoria of tech companies taking up space in San Francisco, there was a cautionary note in the Business Times the other day with respect to the increasing number of subleased spaces that are coming online because of existing companies giving up their spaces in the City. They said it wasn't at a crisis level or anything like that or even that the sublease market was affecting the regular leasing market, but it was a cautionary note that they were saying after the. Dot Com, the sublease market went up to 45% of the market and right now, I think the number was 14.7 or something like that.

D. DIRECTOR’S REPORT

8. Director’s Announcements

Director Rahaim:

In the written Director’s Report, the item regarding Eco Districts, the Department has been doing some work partially through an EPA grant. I'm looking at the possible structuring of a couple of Eco Districts. There's a workshop happening on October 1 to talk about the ownership issue of the Eco Districts. We established an inter-departmental committee that included the Department of the Environment, SPUC, to talk about how to establish these districts in these neighborhoods and we're excited about the potential there. It has some great possibilities. Secondly, I just wanted to call your attention - and we're able to mention this briefly - that there is new legislation related to the Successor Agency. There was additional State law passed that required us to make changes to the structure that we have set up. The Mayor has proposed legislation that would separate the functions of the fiduciary responsibilities from the other functions that were not quite under State law but were required by the City to take on such as entitlement authority. So the legislation that you'll hear about briefly and that we will follow up with you in a memo about -- we'll explain that in more detail. The State has again added additional responsibilities and has again added some changes to the structure in how we have – how we operate under the successor agency model and it will require two separate boards now, one specifically for the fiduciary responsibility and one for other functions that are more related to entitlement and actions within existing redevelopment areas. We will be getting you a memo on that in the next week or two.

9. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.

·The Committee held a hearing on the Budget Analyst Report of the Possible Impacts of Formula Retail on Fresh Food Business at the request of Supervisors Mar and Olague. This report found that the majority of retail food establishments are non-formula retail. They analyzed the potential impact of opening a large formula retail store in SF and found that if such a store opened 321 non-formula retail establishments would close representing between up to 1284 lost jobs. The report suggested three policy options 1) prohibiting formula retail in certain commercial areas; 2) requiring CU in all commercial areas; and 3) keeping the current requirements but add a study of economic impact to the evaluation criteria for formula retail. The Board Committee requested that this report be sent to the Planning Commission and the Budget Analyst staff offered to be available to present the report at your request.

·Supervisor Farrell’s Ordinance to Reinstate Liquor License Controls and CU for limited restaurants on Union Street was also before the Committee. The Commission recommended approval of this Ordinance with a minor technical amendment on September 9. On Monday, the Supervisor amended the Ordinance per the Commission request.

FULL BOARD OF SUPERVISORS:

Tax Simplification for Residential Properties. This Ordinance sponsored by Supervisor Wiener would amend the Business & Tax Code, the Police Code and the Planning Code to simply requirements for less than 5 parking spaces per building and offering an amnesty program. This Commission recommended approval of the Ordinance with minor modifications. This item was amended to incorporate your recommendations. At Tuesday’s hearing Supervisor Olague mentioned that she received a request from the Market & Octavia CAC asking for more analysis by Planning and MTA; she therefore requested a continuance to October 2.Supervisor Wiener reviewed the content of the Ordinance and stressed that the Commission had already reviewed the Ordinance and recommended approval. Supervisor Avalos stated that the substance of the concerns was discussed at Committee. Supervisor Olague withdrew the motion and the Board voted 10-1 to approve the Ordinance.

TIDF. The Planning Commission heard the TIDF Update ordinance on July 19, 2012 The Planning Commission recommended approval of the ordinance with modifications[1]. The Mayor introduced substitute legislation included all of your recommendations . This week the Full Board continued the Ordinance to October 2 without discussion.

Car Wash. This proposed ordinance that would allow existing gas stations along 19th Avenue of a certain size to add automated car washes. The Commission recommended approval with modifications to the Board of Supervisors[2]. The Ordinance was not amended but was sent out from Land Use Committee with a recommendation of approval. This week the Full Board approved the Ordinance on first reading.

Two Planning Related Appeals were continued. A subdivision appeal for 1101-1103 Dolores Street was continued to October 23. A conditional use appeal for 175 Junipero Serra Boulevard was continued to October 2.

INTRODUCTIONS:

Supervisor Mar requested a hearing on the Alexandra Theater which is vacant in his district.

120898 Ordinance on the Successor Agency to the former Redevelopment Agency. This Ordinance recognizes the requirements of the state dissolution law; creates, names, and staffs the agency. The Board will have hearings on this item. In consultation with the Prez and VP of this Commission, department staff will prepare a short explanatory memo on this pending ordinance.

Similarly, staff will prepare a memo on another Ordinance. This one amends the Planning Code. It is Board File No. 120816 Administrative Code - Port Pre-Payment of Jobs-Housing Linkage Program Obligations. In brief, this Ordinance would would authorize the Port and MOH to enter into a memorandum of understanding (MOU) where the Port to receive credits for the value of a Port below-market lease to MOH. The Port would be authorized to use these credits the prepay JHLP obligations for future private development on Port lands. By enacting this ordinance, the City would: create a mechanism to provide valuable resources for affordable housing in the City; give the Port flexibility in structuring JHLP obligations to mitigate financial hardships caused by economic cycles; and improve the financial feasibility of Port development. Again, more information will be forthcoming in a memo to the Commission.

Supervisor Farrell introduced a memo that would set the priorities for the Board Budget Analysts audit. The third priority would be to conduct a performance audit of the transfer of the former San Francisco Redevelopment Agency’s (SFRA) assets and functions to the City, including how SFRA staff, assets and functions are assigned to City departments; City departments’ management and performance of development functions previously the responsibility of the SFRA; and City departments’ management of assets previously the responsibility of the SFRA.

There may be additional items. Since the Commission hearings now start at noon, I am unable to see the full list of new legislation introduced as the Clerk finalizes the list after this report.

BOARD OF APPEALS:

Lafayette Park: As you may know, Lafayette Park in Pacific Heights is currently undergoing a significant renovation. A permit for many of the improvements was appealed and upheld by the Board in August. Last night, the Board heard a Rehearing Request of that appeal. The Appellant presented information that she characterized as being new and – if available at the last hearing – information that would have affected the Board’s decision. DBI, Rec Park and Planning all demonstrated otherwise and the Board unanimously rejected the Rehearing Request. There are additional permits associated with the Lafayette Park project, one of which this same Appellant has already appealed, so the Board will be reviewing this project again in the future.

HISTORIC PRESERVATION COMMISSION:

A couple of items from yesterday's HPC hearing: the HPC unanimously approved and initiated landmark designation for two individual properties. The first one was 401 Castro Street. It was being considered for designation for its association with the liberties and rights by the LGBT community during the second half of the 20th Century. Also up for initiation is the Dulger Sales Office Building. The art deco building was the headquarters for the developer Henry Dulger for over 20 years and it is significant for its association, he was a prolific developer but also his role in the transformation to have sunset as well as the building's overall architecture, both properties will be considered in October for a final recommendation by the HPC, once the HPC makes its final recommendation, those will be forwarded to the Board of Supervisors for consideration of landmark status. Finally at yesterday's hearing, the HPC considered the Market Street Discontiguous District. It received its final recommendation and approval from the HPC. The Planning Commission is scheduled to provide review and comment on this proposed district at today's hearing. Both recommendations will be transmitted to the Board of Supervisors and once we have a hearing date scheduled with the Board of Supervisor, we will let you let you know.

THE 34th AMERICA’S CUP PROJECT – Informational Item.The 34th America’s Cup project sponsors—the City and County of San Francisco (CCSF or City) and the America’s Cup Event Authority—are hosting the 34th America’s Cup (AC34) sailing races in San Francisco Bay. A series of AC34 yacht races would be held in San Francisco Bay in 2012 (America’s Cup World Series) and in 2013 (Louis Vuitton Cup, America’s Cup Challenger Series; potential America’s Cup Defender Selection Series; and the Match). Several of the venues proposed for the AC34 events are piers, water areas, and facilities managed by the Port of San Francisco (Port) including piers and water basins/water areas on the northeastern waterfront and Pier 80. The project is being coordinated with the Port's construction of the James R. Herman Cruise Terminal on Piers 27-29, which began construction in early 2012, and the shell and core of the cruise terminal structure is proposed to be used in 2013 as part of the America's Cup Village. Various other venues are proposed for spectator‑related activities, some of which are under the jurisdiction of other city, state or federal agencies, including Marina Green, Fort Mason, Aquatic Park, Alcatraz Island, San Francisco Civic Center, Union Square, and Justin Herman Plaza.

Most of the facilities required to accommodate the two-year event would be temporary improvements to be removed at the conclusions of the events, although certain permanent infrastructure improvements would be required at some of the proposed venue sites within the Port's jurisdiction. The proposed project also includes a number of implementation plans that address transportation management, waste management, parks coordination and management, sustainability, water and air traffic, public safety, youth involvement, and workforce development.

Preliminary Recommendation: No action required.

SPEAKERS: None

ACTION: Informational only. No action required

E. GENERALPUBLIC COMMENT – 15 MINUTES

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting. Each member of the public may address the Commission for up to three minutes.

Dino Delfino Re: 474 O’Farrell; James Rosenfield Re: what the masses want in their areas; Sue Hestor Re: Academy of Art University

F. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

218 – 220 BUCHANAN STREET (aka 55 LAGUNA STREET) IN-KIND AGREEMENT - the Project sponsor requests a waiver from the impact fee obligation under Section 421.3 Market and Octavia Community Infrastructure Impact Fee, per the City and the Project Sponsors "In-Kind Agreement" for the provision of a new public park, community center, and community garden at 55 Laguna Street. This project is within the Market and Octavia Plan Area. The proposed improvements were approved by the Planning Commission; approval of this agreement will formalize the community improvements agreement. Preliminary Recommendation: Approval

(Continued from Regular Meeting of August 16, 2012)

NOTE: On August 16, 2012, following public testimony, the Commission took a motion of intent to approve by a vote of (+5 -0). Commissioners Borden and Moore were absent. Final Language: 9/20/12.

H.REGULAR CALENDAR

The Planning Commission will consider a proposed Ordinance that would amend the San Francisco Administrative Code, by adding Chapter 39, Sections 39.1 through 39.9, to establish the San Francisco Right to Revitalized Housing Ordinance and set City policy regarding the Right to Return to Revitalized Public Housing Units. The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors.

MARKET STREET MASONRY DISCONTIGUOUS DISTRICT - Market and Franklin Streets between Fell Street, Van Ness Avenue and Valencia Street.. Historic Preservation Commission Referral to Planning Commission for Recommendation on Landmark Designation of the following eight buildings (Assessor Parcel Number Block/Lot): 150 Franklin Street (0834/012); 20 Franklin street aka 1580-1598 Market Street (0836/010); 1649-1651 Market Street (3504/001); 1657 Market Street (3504/046); 1666-1668 Market Street (0854/004); 1670-1680 Market Street (0854/005); 1687 Market Street (3504/040) and 1693-1695 Market Street (3504/038) as an Article 10 Landmark District pursuant to Section 1004.2(c) of the Planning Code. The Planning Commission's comments shall (i) address the consistency of the proposed designation with the policies embodied in the General Plan and the priority policies of Section 101.1 of the Planning Code, particularly the provision of housing to meet the City's Regional Housing Needs Allocation, and the provision of housing near transit corridors; (ii) identify any amendments to the General Plan necessary to facilitate adoption of the proposed designation; and (iii) evaluate whether the district would conflict with the Sustainable Communities Strategy for the Bay Area. Consideration by the Board of Supervisors will occur at a public hearing and will be noticed separately for a future date.

Minnie and Lovie Ward Playfields Renovation - 650 Capitol Avenue - intersection of Capitol and Montana Avenues; Lot 1 in Assessor’s Block 7068 - Appeal of a Preliminary Mitigated Negative Declaration. The San Francisco Recreation and Park Department is proposing to renovate this 6.1-acre public sports facility, involving the replacement of grass playfields with synthetic turf and the installation of twelve 60- to 80-foot-tall light standards. The project would also include the following: replacement of bleachers; replacement of the metal chain link fence with black vinyl fence; replacement of baseball backstops and dugout areas; installation of new spectator amenities; improvement of pedestrian walkway and other infrastructure; and removal and replacement of up to 21 on-site trees.The project site is located in a Public Use District and a 40-X Height and Bulk District.

2750 JACKSON STREET – northwest corner at Scott Street; Lot 018 in Assessor’s Block 0978 -Request for Conditional Use Authorization pursuant to Planning Code Sections 209.3(g), 209.9(b), 303 and 304 to authorize a Planned Unit Development to allow the expansion of a private elementary and middle school (Town School for Boys), consisting of excavation for a new multi-purpose room and the renovation of existing facilities, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The project requires modifications to the rear yard and parking requirements of the Planning Code.

2299 MARKET STREET - south side of the intersection of Market, Noe, and 16th Streets, Lot 091 in Assessor's Block 3564 - Request for Conditional Use Authorization -pursuant to Planning Code Sections 703.4, 721.21, 721.49 and 303 to establish an approximately 3,300 square-foot, formula retail, bank (d.b.a. “Bank of the West”) in the vacant ground floor commercial space of a newly constructed mixed-use building that is currently under construction. The bank would offer ATM service in an area that is recessed from the sidewalk. The subject property is located within the Upper Market Street Neighborhood Commercial District and a 50-X Height and Bulk District.

613 FAXON AVENUE- west side between Ocean Avenue and Elmwood Way; Lot 010 in Assessor's Block 3191 - Request for Discretionary Review of Building Permit Application No. 2012.04.18.8543 proposing to convert the existing vacant commercial space into an approximately 2,000 square-foot restaurant use d.b.a “Champa Garden”. The project includes interior and exterior tenant improvements to the space but would not enlarge the building. The proposed use has been determined not to be a formula retail use. The subject property is located within the Ocean Avenue NCT (Neighborhood Commercial, Transit) District, a 45-X Height and Bulk District, and the Balboa Park Area Plan.

Staff Analysis: Full DR

Preliminary Recommendation: Do not take Discretionary Review and Approve

2807 CLAY STREET - south side between Divisadero and Scott Streets; Lot 036 in Assessor's Block 1003 - Requests for Discretionary Review of Building Permit Application No. 2011.02.04.9665 proposing to extend the existing first and second floors approximately 29 feet to the rear and construct a one-story vertical addition that will be set back approximately 23.5 feet from the front bay window and extend to the new rear wall of the first and second floors of the two-story, two-unit building within the RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do not take Discretionary Review and approve

(Continued from Regular Meeting of September 13, 2012)

SPEAKERS: None

ACTION: Without a hearing, continued to 9/27/12.

AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya

I.PUBLIC COMMENT

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:

(1) responding to statements made or questions posed by members of the public; or

(2) requesting staff to report back on a matter at a subsequent meeting; or

(3)directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

- Introducing a Policy Credits program for non-formula retail small businesses occupying existing vacant space up to 5,000 gsf and for project building less than the maximum allowed parking

- Allowing those two types of projects to receive a fee waiver up to 100% of the fee, under the Policy Credits program

- Implementing a grandfathering period through the end of calendar year 2013 for specific projects not currently subject to TIDF (non-profit and institutional uses, automotive services, wholesale storage of materials and equipment), which would be subject to the revised TIDF

- Retaining the five-year timeframe for inactive uses

- Providing the SFMTA with collection and appeal procedures and authority; and

- Clarifying that the accessory use provision excludes uses accessory to residential

[2] Planning Commission voted to recommend that the Ordinance be amended to ensure that a lot merger or lot assembly is not included in the project.

Members of the public are not required to provide personal identifying information when they communicate with the Commission or Department. All written or oral communications, including submitted personal contact information, may be made available to the public for inspection and copying upon request and may appear on the Department's website or in other public documents.